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Alert

On July 17, 2026, the U.S. Department of Homeland Security published a final rule that establishes a fixed time period of admission and an extension of stay procedure that impact students and scholars on F-1 and J-1 visas, and other academic restrictions specifically for F-1 students. The rule is anticipated to take effect Sept. 15, 2026 and will affect members of the international community in different ways. As OISS gathers more information and communicates specific guidance to individuals and groups, we ask that members of the international community refer to the DHS Rule on Admission and Extension webpage as an up-to-date resource. Members of the Northwestern international community who have questions are encouraged to reach out directly to their assigned OISS advisor.

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Visas for H-1B Dependents

Spouses and unmarried minor children (under 21 years of age) of an H-1B alien are eligible for H-4 status.

Visa Requirements

  • Study: H-4 dependents are eligible for full-time and part-time study.
  • Employment: H-4 nonimmigrants are not authorized to be employed incident to status. However, certain H-4 dependent spouses of H-1B nonimmigrants who are seeking employment-based lawful permanent resident (LPR) status are permitted to apply to USCIS for an Employment Authorization Document (EAD) that will allow them to work in the United States. H-4 dependent spouses of H-1B nonimmigrants are eligible to apply for an EAD under this rule only if their H-1B spouse is the principal beneficiary of an approved Form I-140, Immigrant Petition for Alien Worker.

Required Documentation

  • Applying for an Overseas H-1B: Dependents do not need to file additional documentation. Dependents use H-1B supporting documentation (e.g. I-797 Approval Notice, proof of continued employment, etc.) to apply for the H-4 visa and do not receive their own Approval Notices.
  • Extending or changing status: It is the responsibility of the H-1B beneficiary and the H-4 dependent to maintain the H-4 status. The dependent must file Form I-539 to change his/her status in any way, including changing to a different visa category, extending the H-4 end-date, or documenting the beneficiary's change of employer.
  • Travel: When traveling, H-4 dependents should carry with him/her a copy of the H-1B Approval Notice, copy of the H-1B petition most recently submitted to USCIS, as well as any other relevant documents related to H-4 status (Approval Notice, H-4 visa stamp, letter from hiring department confirming employment) and a valid passport.

Please review the our guidelines and tips for filing the I-539. You may submit this form to the OISS for review or you may choose to file it yourself.